Legal Reasoning (कानुनी तर्क) – Legal Reasoning MCQ

Legal Reasoning (कानुनी तर्क): प्रश्न र उत्तर

सही लागेको विकल्पमा थिच्नुहोस्। सही भए हरियो, गलत भए रातो देखिन्छ; ३ सेकेन्डपछि सही उत्तर र व्याख्या देखिन्छ।

सही: ० / ०

161. Principle: The contents of a document must ordinarily be proved by the document itself (primary evidence); oral evidence of its contents is not admissible when the original is available. Facts: In a dispute over a written lease, the landlord, who has the original lease in his possession, refuses to produce it and wants to prove its terms through the oral testimony of his clerk. Decide.

     कThe oral evidence is enough, because the clerk saw the lease खThe tenant must produce the lease instead गThe oral evidence is not admissible; the original lease must be produced घThe court must presume the terms stated by the landlord
     💬 टिप्पणी / गल्ती रिपोर्ट (०)

     छलफल / प्रश्न उत्तरमा गल्ती छ

     पठाउनुहोस्

     टिप्पणी जाँचपछि मात्र देखिन्छ।

162. Principle: A public servant who accepts any gratification, other than legal remuneration, as a motive or reward for doing an official act commits bribery, even if he would have done that act anyway. Facts: A land-revenue officer accepts Rs. 5,000 from B to process B's application quickly. The application was valid and would have been approved in any case. Decide.

     कThe officer has committed bribery खThe officer has committed no offence, because the application was valid गOnly B has committed an offence घThe officer has committed only a departmental lapse
     💬 टिप्पणी / गल्ती रिपोर्ट (०)

     छलफल / प्रश्न उत्तरमा गल्ती छ

     पठाउनुहोस्

     टिप्पणी जाँचपछि मात्र देखिन्छ।

163. Principle: As a general rule, a person is not criminally liable for an offence committed by another person, such as his employee, without his knowledge or participation. Facts: Without the owner's knowledge, a salesman in a shop steals a customer's mobile phone. The police charge the shop owner with theft. Decide.

     कThe owner is not guilty of theft खThe owner is guilty, because he employed the salesman गThe owner is guilty, because the theft happened in his shop घThe owner and the salesman are equally guilty
     💬 टिप्पणी / गल्ती रिपोर्ट (०)

     छलफल / प्रश्न उत्तरमा गल्ती छ

     पठाउनुहोस्

     टिप्पणी जाँचपछि मात्र देखिन्छ।

164. Principle: An accused remains liable for death if his act was still an operating and substantial cause of death, even though the medical treatment given to the victim was not of the best quality. Facts: A stabs B in the chest. At the hospital, B receives treatment that is below the ideal standard, and he dies of the stab wound two days later. Decide.

     कA is not liable, because poor treatment broke the chain of causation खOnly the doctor is liable for B's death गA is liable only for hurt घA is liable for B's death, because the stab wound was still an operating cause
     💬 टिप्पणी / गल्ती रिपोर्ट (०)

     छलफल / प्रश्न उत्तरमा गल्ती छ

     पठाउनुहोस्

     टिप्पणी जाँचपछि मात्र देखिन्छ।

165. Principle: A person under a legal duty to act who illegally omits to perform that duty is liable for the consequences as if he had done a positive act. Facts: A mother deliberately stops feeding her infant child, intending that it should die, and the child dies of starvation. Decide.

     कThe mother is not liable, because she did nothing खThe mother is liable only for neglect, not for the death गThe mother is liable for causing death by her omission घNo one is liable, because the death was natural
     💬 टिप्पणी / गल्ती रिपोर्ट (०)

     छलफल / प्रश्न उत्तरमा गल्ती छ

     पठाउनुहोस्

     टिप्पणी जाँचपछि मात्र देखिन्छ।

166. Principle: Culpable homicide is not murder if the offender, exercising in good faith the right of private defence, exceeds the power given by law without premeditation and without intending more harm than necessary. Facts: B attacks A with his fists. In panic, A stabs B with a knife lying nearby, and B dies. The court finds that A's response exceeded what was necessary but was in good faith. Decide.

     कA is guilty of murder खA is not guilty of any offence गA is guilty only of simple hurt घA is guilty of culpable homicide not amounting to murder
     💬 टिप्पणी / गल्ती रिपोर्ट (०)

     छलफल / प्रश्न उत्तरमा गल्ती छ

     पठाउनुहोस्

     टिप्पणी जाँचपछि मात्र देखिन्छ।

167. Principle: A person who obtains money on a promise commits cheating only if he had no intention of keeping the promise at the time he made it. Facts: A borrows Rs. 50,000 from B, honestly intending to repay. Later his business fails and he cannot pay. Decide.

     कA has committed cheating, because he failed to repay खA has not committed cheating; B's remedy is a civil suit to recover the money गA has committed theft घA has committed criminal breach of trust
     💬 टिप्पणी / गल्ती रिपोर्ट (०)

     छलफल / प्रश्न उत्तरमा गल्ती छ

     पठाउनुहोस्

     टिप्पणी जाँचपछि मात्र देखिन्छ।

168. Principle: Theft is complete as soon as the offender, with dishonest intention, moves the property in order to take it out of another's possession. Facts: A picks up B's purse from B's table with the intention of stealing it, puts it in his bag, and is caught by B before he leaves the room. Decide.

     कA has committed only an attempt, because he did not leave the room खA has committed no offence, because B recovered the purse गA has committed theft, because he moved the purse with dishonest intention घA has committed criminal breach of trust
     💬 टिप्पणी / गल्ती रिपोर्ट (०)

     छलफल / प्रश्न उत्तरमा गल्ती छ

     पठाउनुहोस्

     टिप्पणी जाँचपछि मात्र देखिन्छ।

169. Principle: The standard of care in negligence is that of a reasonably competent person doing the activity; a defendant's own inexperience does not lower the standard. Facts: A, a learner driver, loses control of the car during a lesson and injures her instructor. She argues that she was only a beginner. Decide.

     कA is not liable, because a learner cannot be expected to drive well खThe instructor alone is liable for any accident during a lesson गA is liable only if she was driving fast घA is liable, because she is judged by the standard of a reasonably competent driver
     💬 टिप्पणी / गल्ती रिपोर्ट (०)

     छलफल / प्रश्न उत्तरमा गल्ती छ

     पठाउनुहोस्

     टिप्पणी जाँचपछि मात्र देखिन्छ।

170. Principle: Any medical treatment given to a competent adult without consent is battery, even if it is beneficial. Facts: During an operation to remove a patient's appendix, the surgeon notices a harmless cyst on her ovary and removes it as well, without having taken her consent. The patient recovers well. Decide.

     कThe surgeon is liable for battery, because he treated without consent खThe surgeon is not liable, because the removal was beneficial गThe surgeon is not liable, because she consented to surgery in general घThe hospital alone is liable
     💬 टिप्पणी / गल्ती रिपोर्ट (०)

     छलफल / प्रश्न उत्तरमा गल्ती छ

     पठाउनुहोस्

     टिप्पणी जाँचपछि मात्र देखिन्छ।